1HUNDRED ONLINE SHOPPING TERMS AND CONDITIONS

 The online store 1hundred.me operating at https://1hundred.me/ is a website operated by 1hundred Sp. z o.o. with its registered office in Lublin, 3 Frezerów Street, 20-209 Lublin, Poland, NIP: 9462733902, REGON: 526845032, entered into the register of entrepreneurs of the National Court Register, kept by the District Court Lublin East in Lublin with its registered office in Świdnik, VI Commercial Division of the National Court Register under KRS number:  0001067592, with a share capital of PLN 10,000.

Address: 3 Frezerów Street, 20-209 Lublin, Poland
E-mail address: support@1hundred.me
Phone number: +48 570 787 030
These Terms and Conditions set out the rules for concluding Sales Agreements between the Buyers and the Seller, including the obligations of the Buyers and the Seller through the 1hundred.me Online Store and 1hundred’s Online Channels.

 

§1 GLOSSARY 

1. For the purposes of these Regulations, the following definitions shall apply:
   a) PRODUCT PRICE – expressed in PLN or EUR.  The gross price of the  Product indicated in the 1hundred.me Online Store or on 1hundred’s Online Channels, includes the rate of VAT due;
   b) WORKING DAYS – Monday, Tuesday, Wednesday, Thursday, Friday – excluding those days which, in accordance with the law in force in the Republic of Poland, are public holidays;
   c) 1HUNDRED’S ONLINE CHANNELS – the 1hundred.me Online Store, as  well as social media platforms: Facebook, Pinterest, LinkedIn, YouTube, Instagram, TikTok, X or other websites with similar properties, redirecting to the Online Shop website;
   d) CIVIL CODE – Act of 23 April 1964 Civil Code (i.e. Journal of Laws of 2023, item 1610, as amended);
   e) CONSUMER – according to Article 22 1 of the Civil Code, a natural person who enters into a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity;
   f) ACCOUNT – an individual account of the Buyer in the Online Shop 1hundred.me operating at the address https://1hundred.me/ after registration. The Account contains the Buyer’s contact details – including name, surname, phone number, tax identification number, business identification number, e-mail address, delivery address, as well as information about the Buyer’s activity and orders;
   g) ORDER BASKET – an IT program made available by the Seller on the https://1hundred.me/ website, which enables placing an Order.
   h) BUYER – Consumer, entrepreneur or  entrepreneur with the rights of a Consumer, who concludes a sales contract in the Online Shop 1hundred.me or via 1 hundred Internet Channels; The Buyer is also the SERVICE RECIPIENT;
   i) TOTAL COST OF THE ORDER – The price of the Products added by the Buyer to the cart, increased by delivery costs and additional costs, if any, and communicated to the Buyer and reduced by any discounts. The Buyer who makes purchases through the 1hundred.me Online Shop and/or through 1hundred’s Online Channels is obliged to pay the Price calculated in this way;
   j) NICK – a string of characters identifying the Buyer within the 1hunderd.me Online Store and in 1hundred’s Internet Channels;
   k) WITHDRAWAL FROM THE CONTRACT – A buyer who is a consumer within the meaning of Article 22[1] of the Civil Code may withdraw from the contract without giving a reason by submitting an appropriate statement within 14 days. In order to meet this deadline, it is sufficient to send a statement to the following address: support@1hundred.me before its expiry.
   l) PRIVACY POLICY – a document containing information addressed to Buyers about the scope of personal data collected and their use and processing in connection with the use by Buyers of the 1hundred.me Online Store and 1hundred’s Online Channels, including in connection with concluding and performing Contracts for the Sale and Delivery of Products. The document is available on the website of the Online Store 1hundred.me operating at https://1hundred.me/
   m)   PRODUCT – items presented through the Online Shop 1hundred.me/Kana 1hundred Internet Fishing This presentation is an invitation to conclude an agreement referred to in Article 71 of the Civil Code;
   n) 1HUNDRED LOYALTY PROGRAM – a loyalty program whose terms of participation are included in the Terms and Conditions of the 1hundred Loyalty Program available on the website of the Online Store 1hundred.me operating at https://1hundred.me/;
   o) ENTREPRENEUR – according to the wording of Article 43 1 of the Civil Code, a natural person, a legal person  and an organizational unit which is not a legal person, to which the Act grants legal capacity, conducting business or professional activity on its own behalf;
   p) ENTREPRENEUR WITH CONSUMER RIGHTS – a natural person concluding a contract directly related to his or her business activity, when the content of the agreement shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity;
   q) PUDO – courier customer service points or other service and commercial outlets where it is possible to collect Products purchased by Buyers through the 1hundred.me Online Store or 1hundred’s Online Channels. The current list of PUDOs is available on the website of the courier service operator selected when placing an order and specifying the delivery method.
   r) COMPLAINT – the rules for the complaint of the Product purchased by the Buyer on the basis of the Sales Agreement concluded with the Seller are determined by the provisions of the Consumer Rights Act, which define, in particular, the basis and scope of the Seller’s liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement. Detailed rules for handling complaints are set out in § 5 of the Terms and Conditions.
   s) TERMS AND CONDITIONS – these  Terms and Conditions of the 1hundred.me online store;
   t) 1HUNDRED’S ONLINE STORE. ME – an online marketplace operated by the Seller, containing Digital Content and enabling retail sale of Products offered by the Seller at the https://1hundred.me/ address;
   u) Frezerów 3, 20-209 Lublin, Poland, NIP: 9462733902, REGON: 526845032, entered into the register of entrepreneurs of the National Court Register, kept by the District Court Lublin East in Lublin with its registered office in Świdnik, VI Commercial Division of the National Court Register under KRS number: 0001067592, with a share capital of PLN 10,000. The Seller is also a SERVICE PROVIDER;
   v) FORCE MAJEURE – Force majeure occurs when at least one of the following conditions occurs:

1. 1. the event must have a natural cause, resulting from the action of natural forces (e.g. hurricane, whirlwind, flood, blizzard, storm);
   2. the event is of a military nature (e.g. hostilities or insurgency);
   3. the event is an act of a public authority (e.g. the legislator of a given country or a neighbouring country introduces unexpected legal restrictions affecting all citizens – e.g. the introduction of pandemic restrictions);

w) DIGITAL ENVIRONMENT – the computer hardware, software and network connection used to access and use digital content or service;
x) DIGITAL CONTENT – data produced and delivered in digital form;
y) SALES AGREEMENT – an agreement for the sale of Products concluded at a distance, outside the premises of the company and without the simultaneous physical presence of a natural person, between the Parties, i.e. the Seller and the Buyer. The Sales Agreement is concluded through the 1hundred.me Online Store and through 1hundred’s Online Channels. The provisions of these Terms and Conditions shall apply to the conclusion of the Contract of Sale;
z) ORDER – a declaration of intent of the Buyer or Entrepreneur with Consumer Rights, the purpose of which is to conclude a contract for the sale of the Product, by indicating the type and number of the Product;
aa) RETURN – The Consumer and the  Entrepreneur with Consumer Rights have the right to withdraw from the distance contract for a period of 14 (fourteen) days without giving reasons and without incurring any costs. 

2. The singular and  plural forms of the terms in Paragraph 1(a) to (w) and  their  uppercase or lowercase spelling must be interpreted in the light of their respective meanings.
3. The annexes to these Rules and Regulations are an integral part of them.

 

§2 GENERAL PROVISIONS 

1. These Terms and Conditions define the rules for the use of the 1hundred.me Online Shop operating at https://1hundred.me/ address and other 1hundred Internet Channels operated by 1hundred  sp. z o.o. with its registered office in Lublin in the scope of distance sales of Products, as well as the use by Service Recipients of the 1hundred.me Online Shop and other 1hundred Internet Channels, placing Orders for Products, paying the Sale Price  Products, delivery of Products, the Buyer’s right to withdraw from the contract and the rules for filing and examining complaints, as well as the method of returning Products.
2. In order to browse the assortment of the Online Shop 1hundred.me and to place Orders for the presented Products, a Digital Environment is required – a computer or other device (smartphone, tablet) with access to the Internet and a web browser such as: Safari, Google Chrome,  Microsoft Edge, Mozilla Firefox or similar, and an active e-mail account. Browsing the assortment is also possible via Internet Channels. Browsing the Shop’s assortment does not require registration – creating an Account in the Shop. 
3. Placing an order for products in the assortment of the Online Shop 1hundred.me requires acting in accordance with the provisions of these Terms and Conditions. In order to make a purchase, the Buyer/Service Recipient may register  in the 1hundred.me Store by filling in the on-line registration form, providing their e-mail address, and is also obliged to accept the terms and conditions of the Online Store and  the Privacy Policy. After registering  in the Online Shop, a registration confirmation will be sent to the e-mail address of the Buyer/Service Recipient provided in the registration process. Registration in the Store and using the functionalities of the Online Store are free of charge.
4. It is possible to make a purchase without registering in the 1hundred.me Online Store, however, in order to deliver the parcel, it will be necessary to provide address data or indicate PUDO.
5. The Service Provider uses cookies to collect information related to the use of the Online Shop by the Service Recipient in order to maintain the session of the logged-in Service Recipient and to keep viewing statistics of the Online Shop’s subpages. The Service Recipient can delete the cookies placed or block the placement of cookies at any time using the options available in their web browser. 
6. The Buyer/Service Recipient is obliged, in the process of registering the Account, i.e. in the registration form, to provide only truthful and up-to-date data. The Participant is obliged to update the data provided each time when they change.
7. The Service Provider shall not be liable for the consequences of the Participant providing incorrect data in the registration form.
8. The Buyer/Service Recipient may not provide data or any content in the Account registration form that is unlawful, vulgar, harmful, harassing, legally prohibited, obscene, indecent, violating the privacy of persons and their right to image, infringing copyrights, personal rights, dignity or insulting racial or ethnic origin, nationality, containing threats or slander.
9. The Service Recipient who has registered an Account on the Service Provider’s website terminates the agreement for the provision of services by electronic means to the following address: support@1hundred.me by submitting a request to delete their Customer Account. The Service Provider shall remove the registered Account and/or e-mail address from the list of subscribers without undue delay.

 

§3 TERMS AND CONDITIONS OF SALE 

1. Information about the Products available in the assortment of the Online Shop 1hundred.me constitute an invitation to conclude a sales contract within the meaning of Article 71 of the Civil Code.
2. The subject of the sale are brand new products, free from defects, presented by the Online Shop 1hundred.me at the time of placing the order by the Buyer.
3. All prices of Products in the Online Shop are 1hundred.me given in Polish zlotys (PLN) and euros (EUR) and are gross prices, i.e. they include taxes, including the tax due on Products and Services (VAT).
4. The prices of the Products on the website of the 1hundred.me Online Shop do not include delivery costs. Delivery costs depend on the chosen method of delivery of the product to the Buyer, as well as on the value and characteristics of the ordered Product (m.in. its weight and size) and are given when the Buyer chooses the method of delivery of the product. The total cost of the Order, including the price of the products including delivery costs, is indicated in the shopping cart before the Buyer places the order. The total value of your order will include any additional transport, delivery or postal charges or any other costs, as well as any discounts or promotions.
5. In each price reduction announcement, the Online Store provides the previous price applied for a specified period of time before the price reduction is applied, with the earlier price being the lowest price applied by the Store in the period that cannot be shorter than 30 days before the price reduction is applied. This does not apply to prices quoted in connection with changes in price lists and catalogs, conditional discounts, or loyalty cards and programs or affiliate links.
6. In order for the Contract of Sale to be concluded, it is necessary to:

−   place an order on-line, i.e. on the website of the Online Shop 1hundred.me, via the Order Basket – by pressing the “add to cart” button;
−   confirm that you are aware that your order entails an obligation to make a payment by activating the “Place Order” button in the last step of the Order Basket;
−   enter the details of the recipient of the Order and the address to which the product is to be delivered, as well as the telephone number at which the Seller can contact the Buyer in matters related to the Order;
−   enter the data for the invoice if a VAT invoice is to be issued and sent to the Buyer. The buyer may agree to receive invoices electronically; invoices will be sent to the e-mail address indicated in the Account;
−   confirm the Order with the button: “Order and pay”;
−   pay for your order using one of the available payment methods. Orders placed in the Online Shop 1hundred.me can only be paid for in advance (before the Ordered Product is shipped).
−   payment can be made: by transfer in the form of a prepayment in the full value of the Order to the Seller’s bank account, via the PayU or Stripe payment system operator. All accepted means of payment are clearly and conspicuously marked at the beginning of the Order Shopping Cart.

 

 §4 DELIVERY OF ORDERS

1. The subject of the Order will be delivered to the Buyer only in Polish, European Union countries, EEA countries and Switzerland, to the address indicated by the Customer in the order, depending on the Customer’s choice, as:
2. Courier service.
3. Shipment with pick-up at a parcel machine.
4. The Buyer is obliged to provide the correct and accurate address to which the item of the Order is to be delivered. The place of performance is the address provided by the buyer as the address for delivery of the ordered Products.
5. At the time of delivery, the Seller delivers the Products by transferring physical possession or control over them to the Buyer, without undue delay, after the conclusion of the Contract of Sale, but no later than within 30 days from the date of conclusion of the contract. In the event of a state of force majeure, this period is counted from its subsidence.
6. At the time of delivery of the Products, the Seller shall provide the Buyer with a personal invoice in electronic form or together with a paper shipment. At the buyer’s request, the Seller issues a VAT invoice in electronic or paper form. Entrepreneurs with Consumer Rights are provided only by the seller with a VAT invoice.
7. Products are shipped after the order has been placed and paid for to pay for the Order. The estimated delivery time of the Products is 1 to 3 days from the day following the shipment, depending on the selected form of delivery. The total and maximum delivery time of the Products may not exceed 14 days from the date of placing and paying for the Order in the case of shipment within the territory of the Republic of Poland and 21 days respectively in the case of shipment to the territory of another EEA country, the European Union or Switzerland.
8. The maximum dimensions of a parcel locker shipment are 64 cm x 41 cm x 38 cm; the permissible weight of the shipment is 25 kg. In the case of larger orders and dimensions of shipments, the Seller reserves the right to determine individual delivery conditions.
9. The cost of delivery of the Products shall be borne by the Buyer. The cost of delivery depends on the total price of the Products ordered, the form of delivery and the form of payment. The calculation of the final cost of delivery is made at the first stage of placing an Order on-line (in the Order Basket).
10. Delivery is free of charge when the total price of the ordered Products reaches at least PLN 300.

 

 §5 COMPLAINTS

1. The Seller shall be liable to the Consumer and the Entrepreneur with Consumer Rights for the compliance of the Product with the concluded Sales Agreement, to the extent specified in the Civil Code. 
2. If the Product is found to be non-compliant with the Agreement before the end of the seller’s liability period, i.e. two years from the delivery of the goods, the Consumer or Consumer Rights Entrepreneur is obliged to notify the seller of the situation, at their own option:

• by filling in the complaint form available on-line;
• by sending a notice to the support@1hundred.me email address;
• in writing, to the address  of the  Seller’s office indicated in the return form: 40 Woziwody Street, 02-908 Warsaw

3. For notifications, the Consumer or the Entrepreneur for Consumer Rights may use a sample template attached to these Terms and Conditions. A Consumer or an Entrepreneur with Consumer Rights may submit any other unambiguous notification, where at least the following are indicated: name, surname and address of the complainant, specification of the complained goods, to the extent that it is appropriate for a given type of goods (e.g. name, manufacturer, type, color, size), proof of purchase of the complained goods, description of the non-conformity of the goods and the date on which the defect was noticed,  and, if applicable, also the circumstances justifying the complaint, the complainant’s request, the date of filing the complaint, the signature of the complainant, if the notification is sent by e-mail, consent to the processing of the complainant’s e-mail address by the entrepreneur.
4. In order to enable the Seller to consider the complaint, the Consumer or the Consumer Rights Entrepreneur is obliged to send the complained Products back to the Seller’s registered office or hand them over to the Seller or a person authorized by the Seller to collect them, without undue delay. If the applicant’s claims are accepted, the Seller shall reimburse the complainant for the delivery costs incurred. 
5. If the Product does not conform to the contract, the Buyer may demand a reduction in the price or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the buyer replaces the defective item with a defect-free one or removes the defect. This restriction does not apply if the item has already been replaced or repaired by the seller or the seller has not complied with the obligation to replace the item with a defect-free one or to remove the defect.
6. The reduced price should be in proportion to the price resulting from the contract in which the value of the defective item remains to the value of the item without the defect.
7. The Seller and the Partner are not obliged to provide the Customer with substitute goods for the duration of the complaint procedure.
8. A Consumer or an Entrepreneur with Consumer Rights, instead of the defect removal proposed by the Seller, demand the replacement of the item with a defect-free one, or instead of replacing the item, demand the removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Buyer is impossible or would require excessive costs compared to the method proposed by the Seller.  The assessment of excessive costs shall take into account the value of the goods in conformity with the contract, the nature and degree of non-conformity found, and the inconvenience to which the consumer or trader would be exposed to a consumer’s rights by a means of satisfaction other than the one sought by him.
9. The buyer cannot withdraw from the contract if the defect is insignificant.
10. The right to withdraw from the agreement does not apply to:
11. when the subject of the Sale is a non-prefabricated item, manufactured according to the specifications of the Consumer or Entrepreneur with Consumer Rights or serving to meet his individualized needs;
12. when the subject of the service is an item that is perishable quickly or has a short shelf life;
13. when the object of sale is goods delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery.
14. Regardless of the complaint procedure, the Consumer or Entrepreneur with Consumer Rights has the right to access out-of-court complaint procedures and appeals.
15. If the Seller does not accept the complaint and the Consumer or Entrepreneur with Consumer Rights does not agree with the Seller’s decision, the Seller may apply for mediation or resolution to an arbitration court.  There is also the possibility of out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts concluded between consumers and traders at EU level, using the ODR Platform, which is an access point for consumers and entrepreneurs wishing to settle disputes covered by Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013. The ODR platform at http://ec.europa.eu/consumers/odr is an interactive website that can be accessed electronically and free of charge in all official languages of the Union institutions.

 

 §6 RETURN OF PRODUCTS AND RIGHT OF WITHDRAWAL

1. The Consumer and the Entrepreneur with Consumer Rights have the right to withdraw from the distance contract for a period of 14 (fourteen) days without giving reasons and without incurring any costs.
2. The time limit shall begin to run from the date on which the Consumer or Entrepreneur with Consumer Rights or a third party other than the carrier and indicated by the Consumer or Entrepreneur with Consumer Rights came into physical possession of the Products.
3. A Consumer or an Entrepreneur with Consumer Rights is obliged to inform the Entrepreneur of their decision in this respect within the period of the period of withdrawal from the agreement. 
4. The Declaration of the Consumer or the Entrepreneur on Consumer Rights does not require a special form. For this purpose, it is sufficient to use the model withdrawal form specified in the Appendix to the Terms and Conditions or to submit an explicit statement. The withdrawal deadline is deemed to have been met if the consumer or the Consumer Rights Entrepreneur has sent a statement of exercising the right of withdrawal before the expiry of this period. The burden of proof in this respect lies with the Consumer or Entrepreneur with Consumer Rights.
5. In the event of withdrawal from the agreement, the Seller shall reimburse, without undue delay, all amounts received from the Consumer or Entrepreneur with Consumer Rights, but no later than within 14 days, counted from the date on which he was informed of the decision of the consumer or entrepreneur with consumer rights to withdraw from the agreement.  The refund also applies to the costs of delivery of the goods incurred by the Buyer, with the refund being the cost of the cheapest ordinary delivery of the goods. 
6. The Seller may withhold the refund of payments received from the Consumer or Entrepreneur with Consumer Rights until the item is received or the Consumer or Entrepreneur with Consumer Rights provides proof of its return. 
7. The Seller shall refund the payment using the same method of payment as used by the Consumer or the Entrepreneur with Consumer Rights, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
8. A Consumer or Entrepreneur with Consumer Rights who has withdrawn from the contract is obliged to send back the goods or hand them over to the seller or a person authorized by him to collect them, without undue delay, no later than 14 days from the date on which he informed the seller about the decision to withdraw from the contract.
9. The above deadline shall be deemed to have been met if the Consumer or Entrepreneur with Consumer Rights sends back the ordered Products before the expiry of the fourteen-day period.
10. Returned Products should be in an unaltered condition, unless the change was necessary within the limits of proper familiarization with the goods. If  the product  is supplied in a sealed package, the consumer does not have the right to withdraw from the contract and return the product for health or hygiene reasons if the packaging has been opened after delivery.
11. A Consumer or an Entrepreneur with Consumer Rights shall be liable for any decrease in the value of an item resulting from its use in a manner exceeding what is necessary to determine the nature, characteristics and functioning of the item. A Consumer or an Entrepreneur  with Consumer Rights is responsible for the decrease in the value of the Products that occurred from the date on which he came into physical possession of the Products or on which a third party other than the carrier and designated by the consumer or Entrepreneur with Consumer Rights came into physical possession of the Products and resulting from improper handling to a greater extent than necessary to determine the nature, properties or mode of operation of the Products.

 §7 GDPR

1. Pursuant to Article  13 Regulation (EU) 2016/678 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 2016 No. 119), (hereinafter referred to as “GDPR”), The Seller informs that: The Personal Data Administrator is: 1hundred sp. z o.o. with its registered office in Lublin, 3 Frezerów Street,  20-209 Lublin, Poland, NIP: 9462733902, REGON: 526845032, entered into the Register of Entrepreneurs of the National Court Register, kept by the District Court Lublin East in Lublin with its registered office in Świdnik, VI Commercial Division of the National Court Register under KRS number: 0001067592, with a share capital of PLN 10,000.
   Address: 3 Frezerów Street, 20-209 Lublin, Poland
   E-mail address: support@1hundred.me
   Phone: +48 570 787 030
2. Detailed information on the processing of personal data can be found in the Privacy Policy of the website.

 

§8 FINAL PROVISIONS

1. In matters not regulated in the Terms and Conditions, the provisions of Polish law, m.in the Civil Code and the provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827) and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204) shall apply.
2. All product names posted on the website of the Online Shop are 1hundred.me used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act (Journal of Laws No. 119 of 2003, item 1117).
3. The Terms and Conditions of the Online Shop are made available free of charge, at any time, via a link on the main page of the Online Shop and in the Order Basket (before concluding the Agreement). It is possible to print it out or save it as a file.
4. The seller reserves the right to change the terms and conditions.  The amendment does not affect the rights of persons who placed an order or concluded a sales contract before the amendments to the terms and conditions were made. 
5. An appendix to these Terms and Conditions is a  declaration of withdrawal from the distance agreement.

 

Lublin, 11 January 2024